Mwasi v. Corcoran State Prison

Filing 63

ORDER ADOPTING 60 FINDINGS AND RECOMMENDATIONS signed by District Judge Dale A. Drozd on 09/17/2016. (Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KING MWASI, 12 Plaintiff, 13 14 No. 1:13-cv-00695-DAD-JLT v. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS CORCORAN STATE PRISON et al., (Doc. Nos. 59, 60) 15 Defendants. 16 17 Plaintiff, King Mwasi, is a state prisoner proceeding pro se and in forma pauperis in this 18 19 civil rights action brought pursuant to 42 U.S.C. § 1983. The matter was referred to the assigned 20 magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302 of the United States 21 District Court for the Eastern District of California. On May 20, 2015, the assigned magistrate judge screened the third amended complaint 22 23 and issued findings and recommendations, recommending that plaintiff be allowed to proceed on 24 some of his claims and that the rest of his claims be dismissed. (Doc. No. 60.) The findings and 25 recommendation were served that same day and allowed thirty days for plaintiff to file objections. 26 (Id.) After receiving a sixty-day extension of time, plaintiff has not filed any objections. (Doc. 27 Nos. 61, 62.) 28 ///// 1 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the court has conducted a 2 de novo review of this case. Having carefully reviewed the entire file, the court finds the findings 3 and recommendations to be supported by the record and by proper analysis. As the magistrate 4 judge noted, liberally construed, plaintiff’s third amended complaint appears to state cognizable 5 claims against defendants LVN Reynoso and LVN Teran for deliberate indifference to plaintiff’s 6 serious medical needs. (See Doc. No. 60 at 19–20.) However, because those claims are not 7 related to the other claims on which plaintiff will proceed in this action, they should be dismissed. 8 (Id.) To the extent plaintiff wishes to assert those claims against defendants LVN Reynoso and 9 LVN Teran, plaintiff is advised to file each of them with the court in separate complaints. 10 Accordingly, 11 1. The May 20, 2016 findings and recommendations (Doc. No. 60), are adopted in full; 12 2. This action for damages shall proceed on the following claims in plaintiff’s third 13 amended complaint: 14 a. against defendants Dr. Mahoney, Dr. Blanchard, Urbano LCSW, and Prince 15 LCSW for deliberate indifference of plaintiff’s serious medical needs in violation 16 of the Eighth Amendment; 17 b. against defendants Dr. Blanchard and Prince LCSW for retaliation in violation of 18 the First Amendment; 19 c. against defendant guards Cordova, Torres, and J. Gomez for excessive use of force 20 and regarding the conditions of his confinement in violation of the Eighth 21 Amendment, and against Sgt. Holland for his knowledge and acquiescence in 22 defendant guard Torres’ use of excessive force; and 23 3. All other claims and defendants are dismissed; and 24 4. The matter is referred back to the assigned magistrate judge for further proceedings 25 26 27 consistent with this order. IT IS SO ORDERED. Dated: September 17, 2016 UNITED STATES DISTRICT JUDGE 28 2

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